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(a)Definition of terms. The following words have the following meanings, unless the context clearly indicates otherwise. (1)Accessible--Can be approached, entered or viewed without moving items, probing, using specialized tools, damaging property or disassembly, and without physical limitation or danger to the inspector. (2)Deficiency--A condition adversely and materially affecting the performance of a system or component, as judged by the inspector. General deficiencies include but are not limited to: Inoperability, material distress, interior water penetration, damage, deterioration, missing parts and unsuitable installation. (3)Inspect--To observe accessible systems or items in a non-exhaustive manner and report apparent deficiencies. Equipment listed herein shall be operated in at least one mode with ordinary controls at typical settings. (4)Performance--Achievement of an operation, function or configuration consistent with accepted industry practice. (5)Report--To provide the inspector's opinions and findings on the approved TREC form. (6)Representative--Sampled according to homogenous use, age and design. Representative samples include sufficient repeated inspection to provide reasonable confidence as to the condition of similar items. (7)Specialized Tools--Equipment other than ladders, flashlights, receptacle testers and ordinary hand tools. (8)Verify--To closely inspect or test for one or more specific characteristics. (b)Scope. (1)These Standards of Practice define the minimum levels of inspection required for substantially completed residential improvements to real property up to four dwelling units. A real estate inspection is a limited survey and basic operation of the systems and components of a building using normal controls. The purpose of the inspection is to provide the client with information regarding the general condition of the residence at the time of inspection. (2)Precedence. In the event of a conflict between specific provisions and general provisions in the Standards of Practice, specific provisions shall take precedence. (3)General Requirements. The inspector shall: (A)inspect accessible systems or components as listed herein; (B)complete the standard inspection report form as applicable (under §535.223 of this title); and (C)provide identification of the inspector and sponsor where applicable, by name(s) and license number(s). (4)General Limitations. The inspector is not required to do the following. (A)Inspect: (i)items other than those listed herein; (ii)anything buried, hidden, latent or concealed; (iii)cosmetic or aesthetic conditions; or (iv)automated or programmable control systems, automatic shut-off, photoelectric sensors, timers, clocks, metering devices, signal lights, lighting arrestors, remote controls, security or data distribution systems. (B)Report: (i)past repairs that appear to be effective and workmanlike; or (ii)finish damages that are unlikely to affect performance or unrelated to water penetration. (C)Determine: (i)conditions prior or subsequent to inspection; (ii)insurability, warrantability, habitability, adequacy, capacity, reliability, marketability, operating costs, recalls, life expectancy, age, insulation characteristics, energy efficiency, thermostatic operation, code compliance, utility sources, manufacturer or regulatory requirements; (iii)presence or absence of pests or wood-destroying organisms; (iv)presence, absence or risk of any environmental pathogen, carcinogen, toxin or poison; or (v)types of wood, preservative treatment or fastener compatibility. (D)Warrant: (i)absence of leakage; or (ii)future performance of any item. (E)Operate: (i)items requiring use of codes, keys, combinations or other such devices; or (ii)shut-off, safety or stop valves. (F)Designate conditions as hazardous or safe. (G)Recommend or provide engineering, architectural, appraisal, mitigation, physical surveying, real estate brokerage, or other specialist services. (H)Review historical records, installation instructions, repair plans, cost estimates, disclosure documents, or other reports. (I)Verify drain systems, recirculation or sump pumps. (J)Test pressure or pressure regulation. (K)Remedy conditions preventing inspection of any item. (L)Apply open flame to operate any appliance. (M)Turn on decommissioned equipment, systems or utility services. (5)Care and Custody. (A)The inspector shall practice reasonable care and custody when performing the inspection. (B)The inspector is not responsible for discovered defects or consequential damages resulting from inspection as required by these Standards. (C)The inspector is not responsible for the behavior or care of persons other than those employed or sub-contracted by the inspector. (6)Departure. Items listed herein may be excluded from inspection provided the client is advised in a timely manner and such exclusions are stated in the written report. These exclusions are permissible where one or more of the following apply: (A)the inspector and client agree the item is not to be inspected; (B)the inspector is not qualified to inspect the item; (C)conditions beyond the control of the inspector reasonably prevent inspection of an item; or (D)the item is a common element of a multi-family development or shared by more than one dwelling. (7)Enforcement. Failure to comply with provisions herein (§§535.232 - 535.238 of this title) is grounds for disciplinary action under Chapter 1102, Texas Occupations Code.
This
agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on May 8, 2006
TRD-200602522 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 18, 2006
For further information, please call: (512) 465-3900
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